151 results for 'court:"DC Circuit"'.
J. Walker upholds the tax court's finding for the IRS on a Swiss couple's challenge to $500,000 in penalties assessed after they had voluntarily amended their tax returns to include millions in a Swiss bank account they had not previously disclosed. Contrary to the couple's argument, the corrected returns do not protect them from penalties and the assessments were not untimely. Affirmed.
Court: DC Circuit, Judge: Walker, Filed On: April 23, 2024, Case #: 22-1308 , Categories: Administrative Law, Tax
J. Randolph finds the lower court improperly found for a union on its claim the Federal Labor Relations Authority's decision to vacate certain arbitration awards in a government pay scale-related dispute was ultra vires. The lower court lacked jurisdiction and, upon remand, must dismiss the complaint. Vacated.
Court: DC Circuit, Judge: Randolph, Filed On: April 23, 2024, Case #: 22-5308, Categories: Jurisdiction, Labor / Unions
J. Henderson upholds defendant's 120-month sentence for his conviction for conspiracy to distribute more than 280 grams of crack cocaine. Contrary to defendant's claim, the safety valve provision does not support his contention defense counsel should have argued he was eligible for sentencing without considering the statutory minimum. Affirmed.
Court: DC Circuit, Judge: Henderson, Filed On: April 19, 2024, Case #: 20-3083 , Categories: Drug Offender, Ineffective Assistance, Sentencing
J. Henderson upholds a “political operative’s” felony convictions related to his $25,000 contribution to the Trump campaign on behalf of a Russian businessman who had actually paid him $100,000 to attend the fundraiser. The conviction is supported by sufficient evidence and he waived any criminal history objection he had during trial against his within-guidelines, 18-month sentence. Affirmed.
Court: DC Circuit, Judge: Henderson, Filed On: April 19, 2024, Case #: 23-3028 , Categories: Evidence, Sentencing, Conspiracy
J. Ginsburg upholds defendant's conviction for being a felon in possession of a firearm. Contrary to defendant's argument, the trial court was not required to suppress evidence, as the officers' protective pat-down search was justified. Affirmed.
Court: DC Circuit, Judge: Ginsburg, Filed On: April 16, 2024, Case #: 22-3024 , Categories: Evidence, Firearms, Search
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J. Childs upholds defendant's non-guidelines 52-month sentence for his guilty plea to assault on a federal officer with a dangerous weapon during the January 6 riot at the capitol. The record supports the trial court's enhancements for planning and use of a dangerous weapon. Affirmed.
Court: DC Circuit, Judge: Childs, Filed On: April 12, 2024, Case #: 22-3084 , Categories: Sentencing, Assault
J. Pillard upholds defendant's conviction for demonstrating in the capitol building and his seven-month sentence. The law's prohibition on demonstrating, parading or picketing in the capitol building is not overbroad or vague, and the trial court did not increase his sentence because he exercised his right to trial. Affirmed.
Court: DC Circuit, Judge: Pillard, Filed On: April 9, 2024, Case #: 23-3069 , Categories: Sentencing
[Consolidated.] J. Edwards grants the National Labor Relations Board's application to enforce its order against a hotel requiring it to rescind the room-cleaning quotas demanded of housekeepers after it replaced half of the building's bathtubs with harder-to-clean, glass-walled showers. The hotel failed to give the housekeepers' union a meaningful chance to bargain before altering the workers' duties.
Court: DC Circuit, Judge: Edwards, Filed On: April 9, 2024, Case #: 23-1029 , Categories: Labor / Unions
[Consolidated.] Per curiam, the circuit shuts down challenges made by 17 states and a group of liquid fuel entities to the Environmental Protection Agency's reinstatement of a waiver of federal preemption for two California rules that limit greenhouse gas emissions and require a certain percentage of new cars made in the state be zero-emissions vehicles. The entities and states lack standing to bring their respective statutory and preemption claims, while the states also fail to show the EPA's decision unconstitutionally infringed on states' sovereign authority.
Court: DC Circuit, Judge: Per curiam, Filed On: April 9, 2024, Case #: 22-1081 , Categories: Constitution, Energy, Environment
J. Pan reverses the district court’s finding for the National Association of Realtors, which had petitioned to set aside a new investigative subpoena issued by the Department of Justice pertaining to its investigation into NAR’s allegedly anti-competitive, commission-related practices. Contrary to the district court’s finding, the DOJ had the power to withdraw its previous proposed consent judgment and reopen its investigation.
Court: DC Circuit, Judge: Pan, Filed On: April 5, 2024, Case #: 23-5065 , Categories: Administrative Law, Antitrust, Real Estate
[Consolidated.] J. Pan grants, in part, two Chinese companies' petitions for review of the Federal Communications Commission's order banning the companies' video surveillance equipment for certain uses in the U.S., including surveillance of critical infrastructure. Although the ban is upheld, the order is remanded to the commission so it can define "critical infrastructure" to comport with the National Defense Authorization Act.
Court: DC Circuit, Judge: Pan, Filed On: April 2, 2024, Case #: 23-1032 , Categories: Commerce, Communications
J. Edwards upholds defendant's jury conviction for violation of a protective order and guilty plea to burglary for the kidnapping and rape of his girlfriend. Defense counsel was not ineffective for failing to object to a psychologist's testimony pertaining to coercive control relationships, especially in light of the government's overwhelming evidence against defendant. Affirmed.
Court: DC Circuit, Judge: Edwards, Filed On: March 29, 2024, Case #: 22-3058 , Categories: Ineffective Assistance, Kidnapping, Restraining Order
[Consolidated.] J. Pan denies two environmental groups' petitions for review challenging the Federal Energy Regulatory Commission's grant of extensions of time to two developers for their pipeline construction projects. The standards adopted by FERC are reasonable and fall within its discretion.
Court: DC Circuit, Judge: Pan, Filed On: March 29, 2024, Case #: 22-1233 , Categories: Energy, Environment
[Consolidated.] J. Randolph vacates the National Labor Relations Board's decision a produce company committed two unfair labor practices during "two brief workplace incidents." The board did not have substantial evidence to "support a reasonable inference that something nefarious was afoot." Vacated.cv
Court: DC Circuit, Judge: Randolph, Filed On: March 26, 2024, Case #: 23-1100, Categories: Administrative Law, Labor / Unions
J. Rogers denies UPS’s petition for review challenging the Postal Regulatory Commission’s formula for the appropriate share of USPS’s institutional costs to be covered by USPS’s competitive services, like package delivery. The commission acted reasonably and fully explained its conclusions.
Court: DC Circuit, Judge: Rogers, Filed On: March 22, 2024, Case #: 23-1006 , Categories: Administrative Law
J. Henderson upholds the district court's rejection of a Venezuelan-Italian citizen's challenge to the Department of the Treasury's designation of him as a specially designated narcotics trafficker. The department, which based its designation on evidence of the trafficker's laundering of drug money and organization of international cocaine shipments, among other things, gave him proper notice and an opportunity to be heard. Affirmed.
Court: DC Circuit, Judge: Henderson, Filed On: March 12, 2024, Case #: 23-5036 , Categories: International Law, Due Process
J. Millett finds the district court should have dismissed a couple's claims arising from a terrorist attack at a bus stop in Jerusalem. District courts only have jurisdiction over extrajudicial killings committed or supported by state sponsors of terrorism; therefore, because no one, other than the attacker, was killed during the attack, the district court lacked jurisdiction. Vacated.
Court: DC Circuit, Judge: Millett, Filed On: March 8, 2024, Case #: 22-7058 , Categories: Terrorism, Jurisdiction
J. Ginsburg upholds defendant's seven-year sentence for his guilty plea to firearms charges related to his purchase of an AK-47. The district court properly applied an upward departure based, in part, on evidence defendant had posted numerous times about carrying out violent attacks, and spoke of killing police officers and slaughtering non-Muslims. Affirmed.
Court: DC Circuit, Judge: Ginsburg, Filed On: March 5, 2024, Case #: 21-3057, Categories: Firearms, Sentencing
J. Rao upholds the district court's dismissal of a group of cobalt miners out of the Republic of Congo's case against Apple, Dell, Tesla and Microsoft under the Trafficking Victims Protection Reauthorization Act. Their claim the companies bought cobalt for lithium-ion batteries through the global supply chain is not a valid claim under the Act. Affirmed.
Court: DC Circuit, Judge: Rao, Filed On: March 5, 2024, Case #: 21-7135 , Categories: Civil Rights, Commerce, Technology
J. Ginsburg upholds the district court's dismissal of an environmental group's challenge to two rules that delayed the effective date of a proposed rule that would have reduced the amount of land designated as critical habitat for an endangered species of spotted owl. The group's claims became moot when the two rules expired. Affirmed.
Court: DC Circuit, Judge: Ginsburg, Filed On: March 5, 2024, Case #: 22-5216 , Categories: Administrative Law, Environment
[Consolidated.] J. Edwards denies a company's petition for review of the National Labor Relations Board's finding of unfair labor practices. There is sufficient evidence the company delayed bargaining with the union for three months after the start of the certification year, refused to consider the union's proposals and refused to provide information to the union, among other things.
Court: DC Circuit, Judge: Edwards, Filed On: March 1, 2024, Case #: 22-1287 , Categories: Employment, Labor / Unions
J. Rogers reverses, in part, the district court's finding for the Secretary of the Department of Commerce on a group of commercial fishers' challenge to a final rule that modified the allocation of red group between the recreational and commercial sectors. The Fisheries Service must address whether the economic analysis used to support the final rule is sufficiently different than the one used to support a formerly discredited final amendment.
Court: DC Circuit, Judge: Rogers, Filed On: March 1, 2024, Case #: 23-5026 , Categories: Administrative Law, Commerce, Environment
J. Millett vacates defendant's sentence following his conviction for his part in the January 6 riot of the Capitol Building. The administration of justice enhancement does not apply to the interference with the legislative process of certifying electoral votes. Vacated.
Court: DC Circuit, Judge: Millett, Filed On: March 1, 2024, Case #: 23-3045 , Categories: Sentencing, Obstruction
[Consolidated.] J. Rao grants the National Labor Relation Board's cross-petition for enforcement of its finding of unfair labor practices by a healthcare company. There is sufficient evidence the company created a managerial program to monitor workers to spot union-related activities and inhibit their organization.
Court: DC Circuit, Judge: Rao, Filed On: March 1, 2024, Case #: 22-1332 , Categories: Employment, Labor / Unions
Per curiam, the circuit grants, in part, 16 states’ and a group of industries’ petition for review of the Environmental Protection Agency's demand the states revise their state implementation plans under the Clean Air Act. They have sufficiently supported their claims the state implementation plan-call order must be vacated based on automatic exemptions, director's discretion provisions and affirmative defenses that are functionally exemptions.
Court: DC Circuit, Judge: Per curiam, Filed On: March 1, 2024, Case #: 15-1239 , Categories: Administrative Law, Environment
J. Rogers remands a news outlet's Freedom of Information Act case following the grant of summary judgment to the Department of Justice, which refused to release a monitor's report on a bank's conduct as a result of a deferred prosecution agreement related to money laundering. The district court must determine whether any part of the report can be released without harming protections under exemption 8 of the Act.
Court: DC Circuit, Judge: Rogers, Filed On: March 1, 2024, Case #: 22-5300 , Categories: Public Record, Banking / Lending
[Consolidated.] J. Edwards denies a hospital's petition for review of the National Labor Relations Board's upholding of the application of the successor bar rule, which allows an incumbent union an irrebuttable presumption of majority status for a reasonable time after a successor employer voluntarily recognizes the union. The application of the rule was consistent with the board's precedent, and was reasonable.
Court: DC Circuit, Judge: Edwards, Filed On: February 27, 2024, Case #: 22-1163 , Categories: Employment, Labor / Unions
J. Rogers revives a former medical student’s claims that Howard University violated his civil rights when it refused to allow him to take an examination for a fourth time in light of his test-taking-anxiety disability. The three-year, rather than one-year, statute of limitations apply to his civil rights claims. Reversed in part.
Court: DC Circuit, Judge: Rogers, Filed On: February 23, 2024, Case #: 22-7103 , Categories: Civil Rights, Education
J. Garcia dismisses as moot a nonprofit's challenge to the Federal Energy Regulatory Commission's grant of an energy company's request for a ruling that it's planned facility, which was to be built in Port St. Joe, Florida, fell outside the agency's regulatory jurisdiction. The company is not longer planning to build the facility.
Court: DC Circuit, Judge: Garcia, Filed On: February 16, 2024, Case #: 22-1251 , Categories: Administrative Law, Energy
J. Childs upholds the district court's ruling the government properly redacted the names of certain low-level employees from a spreadsheet of salaries of those who worked on former President Trump's outgoing transition teams in a news publication's Freedom of Information Act case. The redactions were proper under exemption 6 under the Act, as release of the information would have been an invasion of privacy. Affirmed.
Court: DC Circuit, Judge: Childs, Filed On: February 16, 2024, Case #: 22-5330 , Categories: Elections, Public Record, Privacy